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HILL v. CRUM

No. 12-6705.

727 F.3d 312 (2013)

Demetrius HILL, Plaintiff-Appellee, v. C.O. CRUM, Defendant-Appellant, and Terry O'Brien, Warden; Mr. Strickland, Associate Warden; Mr. Wilson, Captain; Lt. Stiger; Pulivar, Counselor; Counselor Mullins; Ms. Hall, Case Manager; Nurse Meade; Dr. Allred; Dr. Roff, Health Administrator; C.O. T. Taylor; C.O. Taylor; C.O. Martin, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 14, 2013.

Attorney(s) appearing for the Case

James J. O'Keeffe, IV , Gentry, Locke, Rakes & Moore, Roanoke, Virginia, for Appellant. Arlene Sokolowski , Sokolowski Law Office, North Royalton, Ohio, for Appellee.

Reversed and remanded by published opinion. Judge Agee wrote the majority opinion, in which Judge Niemeyer joined. Judge Thacker wrote a dissenting opinion.

AGEE, Circuit Judge:

Plaintiff Demetrius Hill ("Hill") sued Correctional Officer William Crum ("Crum") pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging that Crum used excessive force against him in violation of Hill's Eighth Amendment rights. Claiming he was entitled to qualified immunity, Crum appeals the district court's denial of his...

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